Sports Injury in Derbyshire
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I suffered an injury playing sport. Can I claim compensation?
People often think that if an injury occurs while playing sports, there is nothing they can do. This is simply not true. If the sport is supervised, there may well be a duty of care on the part of the organisers. Even during informal recreational sport, the law expects people to behave responsibly and not inflict injury on others.
You would not be able to claim if you were injured by a simple sports accident such as a fair football tackle or if the organisers had taken every care to ensure your safety. However, if the sport organiser knew there was a risk they hadn’t warned you about, or taken reasonable measures to avoid, you may well be able to claim compensation. Similarly, if another player did something which they might reasonably have expected to risk injury to you, you might be able to claim against that player.
Will I get less compensation for a sports injury
The actual amount of compensation awarded is calculated according to the degree of injury (and subsequent effects) and the extent to which someone else was to blame. How any given injury was sustained is not the primary factor. It may be considered that, by playing sport, you accepted a level of risk, but that does not affect the liability of others if they caused you injury through negligence or malice.
Personal Injury Litigation in Derbyshire
How can I begin litigation for personal injury?
You should consult a solicitor who specialises in personal injury litigation straight away. You can fill in the form on this site to send us details of your claim. It really is that simple.
What is the process for personal injury litigation?
Your solicitor will first discuss your claim with you in some detail. He will then make a preliminary assessment of the chances of litigation succeeding. If you both decide to proceed, he will then conduct a more detailed investigation. He may take statements from you and others who are involved, obtain medical records and assessments, and seek expert medical opinions on the case. He will also collect evidence to show how the alleged negligence contributed to your injury.
Your solicitor will then assess the claim again and advise you on the strength of your case and how best to proceed. Depending on the cause of the injury, there may be several avenues for litigation. Most commonly, those responsible for the accident will be sued in civil court. The case will be heard by a judge who will decide liability and, if you win, make an award of compensation.
What do I have to prove to make personal injury litigation worthwhile?
If your litigation is to succeed, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this is a lesser degree of proof than a criminal case, and does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, a personal injury solicitor may well advise you proceed with litigation.
How much personal injury compensation can I win by litigation?
Amounts are determined on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up over the history of personal injury litigation. Information is given on this site under individual types of injury.